Anti-trust Damages System

After "Anti-trust Law of People's Republic of China" (hereinafter referred to as "Anti-trust Law") put into enforcement in 2008, a number of civil actions about trust come about. Because of the specification of civil action in anti-trust, difficult application in traditional Civil Law, and only one principal regulation in "Anti-trust Law", a series of problems appears in civil cases of anti-trust in practice. In order to better deal with the civil case of Anti-trust Law, this thesis probes into an important system of Anti-trust civil action in China, that is damage compensation system, on the basis of reference to law of the United States, European Union, Japan and Taiwan region of our Country.Damage compensation of Anti-trust Law is that prohibited actions of Anti-trust Law by actor result in relevant damage and actor should bear corresponding compensation for damage. Violations of Anti-trust Law has a relatively vague criteria and hidden characteristics, combined with the Anti-trust Law is a highly professional legal, so controlling the information of violations of Anti-trust Law, investigating and judging violations need special knowledge, so damage compensation in Anti-trust Law owns its own characteristics, its character are: purpose of anti-trust damages is to maintain competition and protect the interests of uncertain consumers rather than the civil protect rights of the public; not all victims can become Anti-trust Law damages claimer; the scope of violations in anti-trust damages is more specific, the damage does not include physical damage and moral damage; Anti-trust Law action for damages after the passage of the statute of limitations, the right to sue in favor of the right and prosecution eliminate. The economics basis of Anti-trust Law for damages is free market economy and industrial organization theory; ethics basis is the "monopoly with negative value" ethics; Law basis is that the traditional civil actions is not enough to solve the issue of anti-trust and social legislation basis. The value of Anti-trust damages is to protect the weak, to achieve fairness and justice and to maintain of competition in order to promote the harmonious development of socio-economic health; with compensation, containment or deterrence function, penalty function and incentive functions.In other countries' Anti-trust Law, the liability principle of damage compensation can be summed up three types as follows: the principle of no-fault liability; no-fault liability based, supplemented by the principle of presumption of fault; the principle of fault liability. In general speaking, claim rights of managers who have competition relation with illegal actors are confessed, but request right of consumer exists argument. In constitute, all countries regulate concretely trust illegal actions, damage fact, causal link. Because of the specification of Anti-trust Law, the burden of proof and standard of proof have more generous provisions. Countries to determine the amount of compensation standards and requirements and the calculation of interest have different requirements, but tend to be more simple calculation method.In compare with damage compensation of all other countries, the type of damage compensation can be mainly summed up three types, that is absolute treble damage compensation in USA, consideration damage compensation under treble in the Taiwan region of our Country and one-time damage compensation in Japan; in the claim right, the consumer' claim right exist "negative theory" on behalf of the United States and "positive theory" as representative of Japan, and the provisions of trade associations and community groups bringing collective action are also different; scope of violation can be divided into extremely wide type, relevantly wide type and extremely strict type; As for fault, and some did not ask, but some fault must exist, as well as Taiwan, "intentional" is the factor of increasing penalty.During the enforcement of Anti-trust Law, more strengthening damage compensation institution of Anti-trust Law is need urgently. Combining with Chinese situation and referring to the damage compensation in other countries and areas, the thesis bring forth the suggestion as follow: to adopt double damages; to take the principle of no-fault liability; to recognize the Anti-trust Law damages claims of operators and consumer; to establish the anti-trust class-action system and evidence of mining, in order to make balance between fairness and efficiency; to establish the "damage of the people who have the right"as the core and calculate the amount of damage to the system; to implement a similar level of intellectual property under the jurisdiction and after the limitation of actions, the parties may not be prosecuted.